VCS - County Court Claim

lloydie.t

Vehicle Control Services has issued a county court claim for a parking notice issued in November 2015 for parking on private land..
The registered owner had assumed the notice sent was a scam as they were at work in another town and ignored this and all further notices.
No photographic evidence was provided. No request for driver info was made in original notice or any other (which added to the thought that the notice was a scam).

The claim is for breach of contract of the advertised terms and conditions at the location. But the registered keeper was not aware of these as they were never seen.

VCS wish to claim for Parking charge notice, contractual costs and interest.

Can this claim be successfully contested and what is best option?
Can we force them to provide an original copy of the notice (sure another company issued the notice)?
Can the defendant counter claim for harassment and stress, cost for attending court (day off work) and legal help?
An affidavit can be provided from employer and driver (not me).

Coupon-mad

A claim is NOT a CCJ so please do an immediate ADVANCED EDIT (not on a phone) and change your post and the title, as we will click here thinking this is about a CCJ.
It isn't.

What's the issue date of the N1 claim?

What's the contravention alleged, and which site/car park please?

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to get an understanding of the court process

Post #2 advises on court claims right through to the hearing

Your questions are answered there

KeithP

Coupon-mad wrote: »

...we will click here thinking this is about a CCJ.

Which is exactly why I hadn't commented.

Redx

lloydie.t wrote: »

Vehicle Control Services has issued a claim (CCJ) for a parking notice issued in November 2015 for parking on private land..

a claim - YES

a CCJ, - NO , DEFINITELY NOT

As stated earlier , you need to remove the word CCJ from the post and the thread title, its not even gone to County Court (the CC in CCJ) yet, so no Judment yet (the J in CCJ)

lloydie.t

Amendment made.
Date issued was 26th June 2019.
The Claim is for breach of contract for breaching the terms and conditions set on private land.
Vehicle was identified in Preachers Lane Oxford.

Coupon-mad

Here?

https://goo.gl/maps/W5Jjgs9tCK66EFLr9

Entrance sign in 2015 was low & covered in foliage, hiding the terms & purported contract.

Now, spot the same sign in Sept 2018! I don't think it's even there:

https://goo.gl/maps/u4zzKay52tvtYK1R6

There's one on the wall on the left, high up but NONE near the bays if that's where the car parked.

beamerguy

VCS wish to claim for Parking charge notice, contractual costs and interest.

The VCS wishful thinking scam.

Any amount above a parking charge is ABUSE OF PROCESS as seen here
https://forums.moneysavingexpert.com/showthread.php?p=75929156#post75929156

A court may allow interest but the question is why did VCS take so long to bring a claim ??

As the fake contractual charge is ABUSE OF PROCESS, it must assumed that any signed statement by VCS would not be a real and honest statement of truth ..... a serious offence

lloydie.t

I suspect the driver would have parked in that vicinity as his friend lives in the maisonette building on the right.
I will help the defendant complete the first stage of the online 'money claim' form now.

Reading through the Newbies post. I am not sure what should be done as a next defence action for the defendant. We do not have a copy of the original charge notice or any photographic evidence.

Can we make a request for these?
The defendant was not driving the vehicle when it was parked and from memory no request was made to disclose the driver on the original notice.

Can we defend that there is no contract with the owner?

Coupon-mad

We do not have a copy of the original charge notice or any photographic evidence. Can we make a request for these?

Yes. Read the section in the NEWBIES post #2 about emailing a SAR to a PPC.

The defendant was not driving the vehicle when it was parked and from memory no request was made to disclose the driver on the original notice.

Yes there will have been, but VCS have never used the right wording to hold a registered keeper liable (see the POFA 2012).

Can we defend that there is no contract with the owner?

Not as such, and the 'owner' doesn't come into it.
What you mean is a VCS 'no keeper liability' POFA defence.

Search the forum to find zillions of examples done before!

KeithP

lloydie.t wrote: »

Date issued was 26th June 2019.

With a Claim Issue Date of 26th June, you have until Monday 15th July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 29th July 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.